PEOPLE v. LEONARDO (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Pablo LEONARDO, Defendant–Appellant.

570973 /14

Decided: April 17, 2018

PRESENT: Ling–Cohan, J.P., Cooper, Edmead, JJ.

Judgment of conviction (Alexander M. Tisch, J.), rendered November 21, 2013, affirmed. The accusatory instrument charging petit larceny (see Penal Law § 155.25) was not jurisdictionally defective. Defendant's larcenous intent is reasonably inferred from allegations that he placed items of merchandise “in his backpack,” and “walk[ed] past the registers without paying for the items” (see People v. Olivo, 52 NY2d 309, 318—319 [1981]; People v. Brunson, 294 AD2d 104 [2002], lv denied 98 NY2d 695 [2002]). Contrary to defendant's contention, a shoplifter need not leave the store to be guilty of larceny (see People v. Olivo, 52 NY2d at 317–319).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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